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HomeMy WebLinkAboutLegislationJ-03-879 10/07/03 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MIST PROJECT, TO BE LOCATED AT APPROXIMATELY 824 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL BUILDING WITH UP TO 516 RESIDENTIAL UNITS, 29,300 SQUARE FEET OF RETAIL SPACE, 22,500 SQUARE FEET OF OFFICE SPACE, RECREATIONAL AMENITIES AND APPROXIMATELY 800 PARKING SPACES (OF WHICH 100 SPACES ARE TANDEM); DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 7, 2003, Lucia A. Dougherty on behalf of MHLP, LLC. (owner) and Hyperion Development Group, Inc. (purchaser), referred to as "APPLICANT", submitted a complete Application for Major Use Special Permit for the Mist Project (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 824 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit A" and "Exhibit B", attached and incorporated; and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on July 21, 2003, to consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Development Review Board (UDRB) met on July 16, 2003, to consider the proposed PROJECT and recommended approval with two (2) conditions regarding: 1) Drop off area must be worked out with staff to resolve issue of vehicular plaza; and 2) the Condominium documents must forbid parking at vehicular plaza (see the attached Development Order); and WHEREAS, the APPLICANT has modified the proposed PROJECT to address the expressed technical concerns raised at said Large Scale Development Committee meeting and the design concerns; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 17, 2003, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 56-03 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL WITH CONDITIONS of the Major Use Special Permit Development Order as attached and incorporated; and Page 2 of 8 WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached and incorporated as "Exhibit A, is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 824 Biscayne Boulevard, Miami, Florida, more particularly described in "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of a mixed-use/residential building with up to 516 residential units, 29,300 square feet of retail space, 22,500 square feet of office space, recreational amenities and approximately 800 parking spaces (of which 100 spaces are tandem) . Section 4. The Major Use Special Permit Application for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order ("Exhibit A"). Page 3 of 8 Section 5. The findings of tact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the SD-6 Zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $266 million, and to employ approximately 250 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 40 permanent new jobs. The PROJECT will generate approximately $6.5 million annually Page 4 of 8 in tax revenues to local units of government (2003 dollars) . e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; Page 5 of 8 (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on August 7, 2003, and is on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the APPLICANT. Page 6 of 8 Section 9. The Findings of Fact and Conclusions of Law are made with respect to the PROJECT as described in the Development Order ("Exhibit A") for the PROJECT, attached and incorporated. Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A") is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order ("Exhibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order ("Exhibit A") which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 7 of 8 PASSED AND ADOPTED this day of 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK MANUEL A. DIAZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY W7582:GKW:et Page 8 of 8